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Yasmin Taj @ Yasmin vs The State Of Karnataka on 27 March, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.1583/2018 c/w
CRIMINAL PETITION No. 1584/2018

BETWEEN

IN CRIMINAL PETITION No.1583/2018

1) YASMIN TAJ @ YASMIN (A-7)
W/O SHAFI AHAMMED KHAN
AGED ABOUT 35 YEARS,
R/a # 4/295,
BEEDI COLONY,
GALIPURA COLONY,
CHAMARAJNAGAR TOWN : 571313

2) PARVIN TAJ (A-8)
W/O MUJAHEED,
AGED ABOUT 36 YEARS,
R/a GURUPURA VILLAGE AND POST,
HANAGOODU HOBLI,
HUNASUR TALUK,
MYSURU DISTRICT : 571105

3) ALMAAS (A-9)
W/O AASIF AHAMMED,
AGED ABOUT 32 YEARS,
R/a # 2549/C,
23RD CROSS, YARAKATTE STREET,
LASHKAR MOHALLAH,
MYSURU CITY : 570001
2

4) SHAHATAAJ (A-10)
W/O KALEEM KHAN,
AGED ABOUT 24 YEARS,
R/a #278, 1ST STAGE, 6TH CROSS,
KESARE,
MYSURU : 570001 .. PETITIONERS

(SRI. MANJUNATH N D, ADVOCATE)

AND

THE STATE OF KARNATAKA
THROUGH CHAMARAJNAGAR TOWN P.S.
CHAMARAJANAGARA DIST : 571313
REP/BY S.P.P. HIGH COURT
OF KARNATAKA AT
BENGALURU 01. .. RESPONDENT

(BY SRI K NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON
BAIL IN CR.NO.225/2017 OF CHAMARAJANAGAR TOWN
POLICE STATION, CHAMARAJANAGARA DISTRICT FOR THE
OFFENCE P/U/S 498A,302,506,201 READ WITH SECTION
149 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.

IN CRIMINAL PETITION No.1584/2018

BETWEEN

JAHEED (A-3)
S/O ABDUL WAHID
AGED ABOUT 32 YEARS
R/A BEEDI COLONY,
NEAR TIPPU MASJID,
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GALIPURA EXTENSION,
CHAMARAJNAGAR TOWN 571 313. .. PETITIONER

(SRI. MANJUNATH N D, ADVOCATE)

AND

THE STATE OF KARNATAKA
THROUGH CHAMARAJNAGAR TOWN P.S.
CHAMARAJANAGARA DIST : 571313
REP/BY S.P.P. HIGH COURT
OF KARNATAKA AT
BENGALURU 01. .. RESPONDENT

(BY SRI K NAGESHWARAPPA, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
438 CR.P.C PRAYING TO ENLARGE THE PETITIONER ON
BAIL IN CR.NO.225/2017 OF CHAMARAJANAGAR TOWN
POLICE STATION, CHAMARAJANAGARA DISTRICT FOR THE
OFFENCE P/U/S 498A,302,506,201 READ WITH SECTION
149 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT.

THESE CRIMINAL PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE F0LLOWING:

ORDER

These two petitions are disposed of by this common

order.

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2. The petitioners in Criminal Petition No.1583/2018

are accused Nos.7, 8, 9 and 10 and the petitioner in

Criminal Petition No.1584/2018 is accused No.3 in Crime

No.225/2017 registered by the respondent police for the

offences punishable under Sections 498A, 302, 506, 201

read with Section 149 IPC and Sections 3 and 4 of Dowry

Prohibition Act.

3. The complaint was made by one Zameer Pasha

with regard to death of his sister Bibi Aisha on

31/07/2017.

4. Heard the petitioners’ counsel and High Court

Government Pleader.

5. If the complaint is read, it becomes evident that

specific overt act of causing the death of the deceased is

against accused No.1, who is the husband of the deceased.

All these petitioners are the family members of accused

No.1. Against them the overt act attributed is that they

tried to destroy the evidence to screen the offender from
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punishment. In Criminal Petition No.870/2018, the other

accused namely Kousar, Faisu and Museeb were admitted

to anticipatory bail in similarly placed circumstances.

Added to this, the petitioners in Criminal Petition

No.1583/2018 are all women. Investigation is also

completed. Charge sheet is filed. Therefore, the

apprehension expressed by the petitioners of being

arrested in connection with the non-bailable offence under

Section 302 of IPC is well founded. They have made out a

ground for anticipatory bail. Therefore, these petitions are

allowed, subject to the following conditions:

(a) Both the petitions are allowed.

(b) It is hereby ordered that in the event of the

petitioners being arrested by the respondent-

police in connection with Crime No. 225/2017,

they shall be released on bail on each of them

executing a bond for a sum of Rs.1,00,000/-

(Rupees One Lakh Only) and providing two

sureties for the likesum to the satisfaction of
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the investigation officer. The petitioners are

also subjected to the following conditions:

(i) They shall cooperate with the police

during investigation.

(ii) Until investigation is over, the

petitioners shall not leave the jurisdiction

of the trial court.

(ii) The petitioners shall mark their

attendance in the respondent police

station once in a fortnight on a Sunday

between 9.00 AM till 12.00 Noon, till

investigation is completed.

Sd/-

JUDGE

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